Recovering Non-Economic Damages

In tort law, non-economic damages are described as an amount of compensation
that a victim may be able to receive for unquantifiable suffering.

When someone is injured in a
truck accident, they can seek
compensation for physical damage. This is quantifiable since there is an exact amount
for the required medical treatment. Not all injuries, however, can be
quantified in this manner. In some cases, the damages suffered by the
victim may be unquantifiable—such as emotional injuries and psychological
trauma. These types of injuries are not easy to define. Worse, because
courts cannot figure out a safe way to define how much money they are
worth, many states have put a cap on the amount of non-economic damages
that can be sought.

Pain, Suffering, Loss of Enjoyment of Life & More

One example of non-economic damages that can be sought is
"pain and suffering," which is a legal team used to describe the emotional turmoil, stress,
and anxiety resulting from an injury. Courts may attempt to gain tangible
evidence of emotional pain and suffering. For this reason, it may be necessary
to prove that the emotional turmoil is causing physical pain such as aches,
depression, or other illnesses. It, however, is important to note that
the amount of pain and suffering that an individual can seek will likely
depend on the amount of economic damages being sought.

Another type of non-economic damage that attorneys may seek is
"loss of enjoyment of life," which is also referred to as "hedonic damages." The term became
popular in 1987 in the case Stan vs. Smith. In the event of a non-fatal
injury, the victim may be able to seek damages against the negligent party
for the sole reason that they will never be able to enjoy their life as
they once could. For example, this could include someone injured in a
truck accident and became paralyzed; as a paraplegic or quadriplegic,
the victim would likely never be able to walk, operate a vehicle, or even
work anymore.

Placing Caps on Compensation

Although highly controversial, many states have put caps on the amount
of non-economic damages that can be sought. For example, Missouri has
placed a $350,000 cap on the amount of non-economic damages that an individual
can recover in any given case. This is considered a type of tort reform
in order to protect the defendant's from unnecessary lawsuits. There
have been some cases in which states have made decisions that overrule
the non-economic damages cap. In some serious cases, it may be possible
to be awarded non-economic damages that exceed the cap defined by the state.

Fight for Full & Fair Compensation with Our Firm's Help

If you were involved in an accident and are suffering serious emotional,
psychological, or hedonic trauma as a result then you should speak with
an attorney immediately. At Arnold & Itkin, do not take "no"
for an answer, which means we are not afraid to challenge the obstacles
so you get the recovery that you deserve.
Call us for a free evaluation of your case.

At our law firm, we have some of the nation's most talented and proven lawyers.

Our legal team has been recognized and honored on the local, state, and
national level.
Learn more!

Office Location

Contact Us

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative
of cases handled by Arnold & Itkin LLP. These listings are not a guarantee
or prediction of the outcome of any other claims